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HomeMy WebLinkAboutNEIL RAAJ AND DEZINA M. SONI, TRUSTEES OF THE DINELLE FAMILY TRUSTWhen recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, 111130 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103, 27383. USE COPY SPACE ABOVE THIS LINE FOR RECORDER'S Cancel Approved AS TO Approvetl ey Description Description AP. Number RIW Map Number Project Taxes Form BY Ady. DlreCtor written BY Checked-0.K Number G.R.T. A.C. 398-453-01 O • 0W A Buik'vx Pet✓ ) ( %,A)' �-- Return FULLY EXECUTED OCT 0 4 2022 EASEMENT DEED copy to COTC M-30 (The undersigned Grantor hereby declare the documentary transfer tax is $0.00 this is a conveyance to an exempt governmental entity or political subdivision. R&T 11922) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Neil Raaj and Dezina M. SON, Trustees of the Dinelle Family Trust dated February 5, 2015 Deed No. 8846 N-2022-293 Does Hereby Grant to the CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: An easement for public street purposes as described in Exhibit "A" attached hereto and by this reference made a part hereof, and as shown on Exhibit "B" attached hereto reference only. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Dated: STATE OF For: Neil RaajSoni and Dezina M. Soni By: )SS. kii S'Ja✓ I Print Nbme before me, For: Neil aaj Soni and Dezina M. Soni y �C-21NA .�aN k tu..-� r +rn r r I c —'I r Print Name who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in kkili er/their authorized capecity(ies), and that by hie/ker/their signature(s) on the o instrument the person(s) or entity upon which the person(s) acted, aE •. ANGEL J I M E N E Z •`� cw'il A. # 2323928 executed the instrument e® ; ^ NOTARY PUBLIC - 5LIFOMIA 2' ORANGE I certify under PENALTY OF PERJURY under the laws of the State +�� oew, COMM. EXPIRES P�R.n1? 2024" of California that the foregoing paragraph is true and correct, WITNESS m nd and Icia eay Signature ° (This area for official notarial seal) N-2022-293 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in the real property conveyed by easement deed #8846 dated August 16, 2022 signed by Neil Raaj Soni and Desina M. Soni, Trustees of the Dinelle Family Trust, to the City of Santa Ana, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Ordinance No. NS-2352 and Section No. 33-55 of the Santa Ana Municipal Code adopted by the City Council on June 1, 1998, in compliance with California Government Code Section 27281 and the grantee consents to recordation thereof by its duly authorized officer. q -ZA- Zoz-L Dated For the City of Santa Ana: By: �7�-1 � 4.---- -t o' City Manager Kristine Ridge Attested By: l0��122 By: u- Dated City Clerk ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) On September 29, 2022 before me, Claudia M. Femandez-Shaw, Notary Public (insert name and title of the officer) personally appeared Steven A. Mendoza who proved to me on the basis of satisfactory evidence to be the personK) whose name,(-§ S subscribed to the within instrument and acknowledged to me that iaZ�s� executed the same in erJSdei� authorized capacity(ies)-and that by,(lher/ttfeir signatures} on the instrument the person(, or the entity upon behalf of which the person�sl acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. °• �, CLAUDIA M. FERNANDEZ-SHAW Notary Public -California -; Orange County E Commission 6 2389597 + '�•e• ` My Comm. Expires Jan 25, 2026 — EXHIBIT 'A' LEGAL DESCRIPTION FOR PUBLIC STREET EASEMENT THE NORTHWEST CORNER OF LOT 6, IN BLOCK D OF THE SANTA ANA INVESTMENT COMPANY TRACT NO. 1, HUMPHREY'S ADDITION TO SANTA ANA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT, THENCE ALONG THE NORTH LINE OF SAID LOT EAST A DISTANCE OF 17.00 FEET; THENCE SOUTH 45°00'00" WEST A DISTANCE OF 24.04 FEET TO A POINT ON THE WEST LINE OF SAID LOT, SAID POINT BEING 17,00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT; THENCE ALONG SAID WEST LINE A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING. SEE EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. TOTAL AREA OF STREET DEDICATION IS 144.50 SQUARE FEET PREPARED BY ME OR UNDER MY SUPERVISION QpoFESSioNq R. W4�,Fi^`�� z w No, 21670 - A ZZ Ep-9-30-23 GA Y R. ALK rr' ,CIVIL , S R.C,E. 21 70 e Or CAL r a a SCALE: 1"= 30' x it I 0 T THIRD STREET — 6✓t EAST—375.00' (R.D.) — - I O FROF ESS 10 N P I m w No. 21670 m \ E.v.9-30-23 z sr CIVIL P 9TE OF CAL IFu`�a#, N N EAST, 50.00' (R.D.) V-7- _ _ _ _ 0rTA ANA INV. CO! 1, HUMPHRErS ADD. DS LA. BOOK 1/PACE 0 L'D'30, _ 24.04' o � I I a ED I I N I I 0 N o LOT No. 6 LOT No. 51 LOT No. 41 �c� z 0 z I I I I 30' I I I I I -� L-�--I EAST, 50.00' (R.D.) 1 1 L--------L--------� �n N — Gil: EAST 375.00' (R.D.) — — SECOND STREET NOTE: THIS MAP WAS PREPARED FROM RECORD DATA AND DOES NOT REPRESENT A SURVEY OF THE PROPERTY SHOWN HEREON 0 o� 0 of 0 c7 40' w z a a m a m 0 w z w a z c� LEGEND EXTERIOR BOUNDARY LINE — — — — LOT BOUNDARY LINE ----- STREET CENTERLINE (C/L) APN ASSESSOR'S PARCEL NUMBER R.D. RECORD DISTANCE ® PUBLIC STREET EASEMENT AREA I STREET DEDICATION PLAT IN THE CITY OF SANTA ANA I BY ME OR UNDER MY NEIL RAAJ SONI AND DEZINA M. SONI, TRUSTEES OF THE DINELLE FAMILY TRUST DATED FEBRUARY 5,2015 GARY R. WAI R.C.E. 21670 EXHIBIT "B' STREET DEDICATION PLAT SHEET IOFI a1h La vvyrsTztle Lawyers Title - OC 16755 Von Karman Ste. 100 Irvine, CA 92606 Attn: Samantha Strandqvist Your Reference No: Lawyers Title Company 16755 Von Karman Avenue Suite 100 Irvine, CA 92606 Phone:(949) 223-5575 Fax: ( ) Title Officer: Samantha Strandqvist--So email: tu53@ltic.com Phone No.: (949) 223-5575 Fax No.; (818) 252-4555 File No.: 222532191 Property Address: 4723 West McFadden Avenue, City of Santa Ana, California Dated as of September 8, 2022 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Lawyers Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be Issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance company. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If It is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. CLTA Preliminary Report Form - Modified (11-17-06) _ Page 1 File No: 222532191 SCHEDULE A The form of policy of title insurance contemplated by this report is: ALTA Loan 2006 The estate or interest in the land hereinafter described or referred to covered by this report is: A Fee Title to said estate or interest at the date hereof is vested in: Lexuan Nguyen, Trustee of the Van Hung Nga Living Trust dated 09-07-07 The land referred to herein is situated in the County of Orange, State of California, and is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (11-17-06) Page 2 File No: 222532191 EXHIBIT "A" THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 12 OF MISCELLANEOUS MAPS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 3, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 125 PAGES 49 AND 50 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NUMBER: 108-131-04 CLTA Preliminary Report Form — Modified (11-17-06) Page 3 File No: 222532191 SCHEDULE B At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions in said policy form would be as follows: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2022-2023. B. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 1. Covenants, conditions, or restrictions, if any, appearing In the Public Records; however, this policy insures against loss or damage arising from: (a) the violation of those covenants, conditions, or restrictions on or prior to Date of Policy; (b) a forfeiture or reversion of Title from a future violation of those covenants, conditions, or restrictions, including those relating to environmental protection; and (c) provisions in those covenants, conditions, or restrictions, including those relating to environmental protection, under which the lien of the Insured Mortgage can be extinguished, subordinated, or impaired. As used In paragraph 2(a), the words "covenants, conditions, or restrictions" do not refer to or include any covenant, condition, or restriction (a) relating to obligations of any type to perform maintenance, repair or remediation on the Land, or (b) pertaining to environmental protection of any kind or nature, Including hazardous or toxic matters, conditions, or substances, except to the extent that a notice of a violation or alleged violation affecting the Land has been recorded or filed in the Public Records at Date of Policy and is not referenced in an addendum attached to this policy. 2. Any easements or servitudes appearing in the Public Records; however, this policy insures against loss or damage arising from (a) the encroachment, at Date of Policy, of the improvements on any easement, and (b) any interference with or damage to existing improvements, including lawns, shrubbery, and trees, resulting from the use of the easements for the purposes granted or reserved. 3. Any lease, grant, exception, or reservation of minerals or mineral rights or other subsurface substances appearing in the Public Records; however, this policy insures against loss or damage arising from (a) any effect on or impairment of the use of the Land for residential one -to -four family dwelling purposes by reason of such lease, grant, exception or reservation of minerals or mineral rights or other subsurface substances, and (b) any damage to existing improvements, including lawns, shrubbery, and trees, resulting from the future exercise of any right to use the surface of the Land for the extraction or development of the minerals or mineral rights or other subsurface substances so leased, granted, excepted, or reserved. Nothing herein shall insure against loss or damage resulting from contamination, explosion, fire, fracturing, vibration, earthquake or subsidence. 4. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 File No: 222532191 S. Any invalidity or defect in the title of Vestees In the event such trust is invalid or fails to confer sufficient powers In the trustees or in the event there is lack of compliance with the terms and provisions of the trust Instrument. If title is to be insured in the trustee(s) of a trust, (or if their act is to be Insured), this Company will require a Trust Certification pursuant to California Probate Code Section 18100.5. The Company reserves the right to add additional Items or make further requirements after review of the requested documentation. 6. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before Issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. END OF SCHEDULE B EXCEPTIONS PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION CLTA Preliminary Report Form - Modified (11-17-06) Page 5 File No: 222532191 REQUIREMENTS SECTION: Req. No. 1: In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s), Party(s): All Parties The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information. NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to Involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file. Req. No. 2: The Company will require either (a) a complete copy of the trust agreement and any amendments thereto certified by the trustee(s) to be a true and complete copy with respect to the hereinafter named trust, or (b) a Certification, pursuant to California Probate Code Section 18100.5, executed by all of the current trustee(s) of the hereinafter named trust, a form of which is attached. Name of Trust: The Van Hung Nga Living Trust Dated 09-07-07 CLTA Preliminary Report Form - Modified (11-17-06) Page 6 File No: 222532191 INFORMATIONAL NOTES SECTION Note No. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. Note No. 2: California insurance code section 12413.1 regulates the disbursement of escrow and sub -escrow funds by title companies. The law requires that funds be deposited in the title company escrow account and available for withdrawal prior to disbursement. Funds deposited with the company by wire transfer may be disbursed upon receipt. Funds deposited with the company via cashier's check or teller's check drawn on a California based bank may be disbursed on the next business day after the day of deposit. If funds are deposited with the company by other methods, recording and/or disbursement may be delayed. All escrow and sub -escrow funds received by the company will be deposited with other escrow funds in one or more non -Interest bearing escrow accounts of the company In a financial institution selected by the company. The company may receive certain direct or indirect benefits from the financial institution by reason of the deposit of such funds or the maintenance of such accounts with such financial institution, and the company shall have no obligation to account to the depositing party in any manner for the value of, or to pay to such party, any benefit received by the company. Those benefits may Include, without limitation, credits allowed by such financial institution on loans to the company or its parent company and earnings on investments made with the proceeds of such loans, accounting, reporting and other services and products of such financial institution. Such benefits shall be deemed additional compensation of the company for its services in connection with the escrow or sub -escrow. For wiring Instructions please contact your Title Officer or Title Company Escrow officer. Note No. 3: Lawyers Title is a division of Commonwealth Land Title Insurance Company. The insurer in policies of title insurance, when issued in this transaction, will be Commonwealth Land Title Insurance Company. Note No. 4: Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company Is not able to close or insure any transaction involving Land that is associated with these activities. Note No. 5: None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. Note No. 6: The following information will be included in the CLTA Form 116 or ALTA Form 22-06 Endorsement to be issued pursuant to this order: There is located on said Land: Single Family Residence Known as: 4723 West Mcfadden Avenue, City of Santa Ana, California. Note No, 7: There are no conveyances affecting said land recorded within 24 months of the date of this report. CLTA Preliminary Report Form - Modified (11-17-06) Page 7 File No: 222532191 Note No. 8: The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: (a) If this Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment, This hold will be in addition to the verbal hold the lender may have stipulated. (b) If this Company cannot obtain a verbal update on the demand, we will either pay off the expired demand, or wait for the amended demand, at our discretion. (c) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Note No. 9: Property taxes, including any personal property taxes and any assessments collected with taxes, are PAID. For proration purposes the amounts were: Tax Identification No.: 108-131-04 Fiscal Year: 2021-2022 1st Installment: $6,858.93 2nd installment: $6,858.93 Exemption: None Code Area: 11-076 Note No. 10: Pursuant to Government Code Section 27388.1, as amended and effective as of 1- 1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor -County Clerk -Recorder. Note No. 11: The following Exclusion(s) are added to preliminary reports, commitments and will be Included as an endorsement in the following policies: A. 2006 ALTA Owner's Policy (06-17-06). 6) Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. B, 2006 ALTA Loan Policy (06-17-06). CLTA Preliminary Report Form - Modified (11-17-06) Page 8 File No: 222532191 8) Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 9) Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. C. ALTA Homeowner's Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13). 10) Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members. D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02- 15). 12) Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members. 13) Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe's law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage. E. CLTA Standard Coverage Policy 1990 (11-09-18). 7) Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of Its members. 8) Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured mortgage based on the application of a tribe's law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage. Processor: VV Date Typed: September 16, 2022 CLTA Preliminary Report Form - Modified (11-17-06) Page 9 9 y R 4 ' m 133d1S � .TdOHiH3N $ 4 r� r ,ie • 6'!0 q � . ba'gn gyyY ob 8 O u B f9 N_ .Val K si Bd ,a 6B } N 8 .r'9 NORYMY ffi 133L.[S poYf ff • b .6'fs .brb yh�+ .e✓4 y } n N T � cAV,xlab erM . V ro .. N � ,fexci •a' I jb .Ps � .sw $ •Sb a cQi 4 , a ,at ry ot, This m9p/plat Is being furnbhed as an all In locatln9 Ne herein described Iantl In relal n to aO olning streets, natural bnundaeles and other lard, and Is neta survey OF he land depicteOt Except W the extent a policy of Utle a surancB Is expressly mptlihetl by enaoreement, if annY,own [here any tloes not Insure dimensions, tllstanees, location at easements, acreage or pMer matters